A NEW TAX SYSTEM (AUSTRALIAN BUSINESS NUMBER) ACT 1999

This compilation was prepared on 1 October 2009
taking into account amendments up to Act No. 88 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part 1--Preliminary 1

Division 1--Formalities 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

Division 2--Objects 2

3............ Objects ................................................................................................ 2

Division 3--Application of this Act 3

4............ Crown bound by this Act ................................................................... 3

5............ Application to government entities, non‑profit sub‑entities, superannuation funds and certain RSE licensees 3

5A......... Application to religious practitioners and religious institutions ........ 3

6............ Application of Criminal Code ............................................................ 3

7............ Application to the external Territories ............................................... 4

Part 2--Registering for ABN purposes 5

Division 4--Registration 5

8............ Are you entitled to an ABN? ............................................................. 5

9............ Applying for registration .................................................................... 5

10.......... Registrar must register you if conditions met ..................................... 5

11.......... Steps taken by Registrar to register you ............................................ 6

12.......... If you are registered, notices may be sent to you at your registered address for service 7

13.......... Refusal to register ............................................................................... 7

Division 5--Your obligations if you are registered 8

14.......... You must notify Registrar of changes to matters set out in the Register 8

15.......... Obligation to give Registrar information if requested ......................... 8

16.......... Application of sections 14 and 15 to partnerships, unincorporated associations and bodies and certain RSE licensees ............................................................................................................ 9

Division 6--Variation and cancellation of registration 11

17.......... Registrar may change your ABN ...................................................... 11

18.......... When your registration can be cancelled ........................................... 11

19.......... Reinstating your registration ............................................................ 12

Division 8--Review of reviewable ABN decisions 13

21.......... Review of reviewable ABN decisions .............................................. 13

Division 9--Offences in relation to use of ABNs 14

23.......... Misuse of ABN ................................................................................ 14

Part 3--Administration 15

Division 10--The Australian Business Register 15

24.......... The Australian Business Register ..................................................... 15

25.......... Entries in the Australian Business Register ...................................... 15

26.......... Access to certain information in the Australian Business Register .. 15

27.......... Evidentiary value of the Australian Business Register ..................... 17

Division 11--Other administrative matters 19

28.......... The Registrar .................................................................................... 19

29.......... Annual report on operation of this Act ............................................ 19

29A....... Adjustments to details ...................................................................... 19

30.......... Protection of confidentiality of information ..................................... 20

31.......... Regulations ....................................................................................... 22

Part 4--Rules for interpreting this Act 23

Division 12--Identifying defined terms 23

32.......... When defined terms are identified .................................................... 23

33.......... When terms are not identified ........................................................... 23

34.......... Identifying the defined term in a definition ...................................... 23

Division 13--What forms part of this Act 24

35.......... What forms part of this Act ............................................................. 24

36.......... What does not form part of this Act ................................................ 24

Division 15--The Dictionary 25

41.......... Dictionary ......................................................................................... 25

Notes 29

Notes to the A New Tax System (Australian Business Number) Act 1999

Note 1

The A New Tax System (Australian Business Number) Act 1999 as shown in this compilation comprises Act No. 84, 1999 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
A New Tax System (Australian Business Number) Act 1999	84, 1999	8 July 1999	8 July 1999
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 92-94): 5 Dec 1999 (see Gazette 1999, No. S584) (a)	--
A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999	177, 1999	22 Dec 1999	Schedule 4: (b)	--
A New Tax System (Pay As You Go) Act 1999	178, 1999	22 Dec 1999	Schedule 1 (items 6, 8, 70-78): 1 July 2000 Remainder: Royal Assent	S. 2(1A) (ad. by 179, 1999, Sch. 10 (item 19))
as amended by
A New Tax System (Tax Administration) Act 1999	179, 1999	22 Dec 1999	Schedule 10 (item 19): 22 Dec 1999 (c)	--
A New Tax System (Tax Administration) Act 1999	179, 1999	22 Dec 1999	Schedule 9: Royal Assent (d)	--
Diesel and Alternative Fuels Grants Scheme (Administration and Compliance) Act 1999	201, 1999	23 Dec 1999	Schedule 3: 24 Dec 1999 (e)	--
A New Tax System (Tax Administration) Act (No. 2) 2000	91, 2000	30 June 2000	Schedule 2 (item 1): (f) Schedule 4C: 1 July 2000 (f)	Sch. 4C (item 9)
Indirect Tax Legislation Amendment Act 2000	92, 2000	30 June 2000	Schedule 7 (items 1-3) and Schedule 11 (items 1, 2): (g) Schedule 11 (items 2A, 2B) (g)	--
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4-14 and Schedule 3 (items 28-30): 15 July 2001 (see Gazette 2001, No. S285) (h)	Ss. 4-14
Taxation Laws Amendment Act (No. 5) 2001	168, 2001	1 Oct 2001	Schedule 2: 1 July 2000 Remainder: Royal Assent	Sch. 1 (item 3)
Energy Grants (Credits) Scheme (Consequential Amendments) Act 2003	54, 2003	27 June 2003	1 July 2003	--
Tax Laws Amendment (2004 Measures No. 1) Act 2004	95, 2004	29 June 2004	Schedule 6: Royal Assent Schedule 10 (items 1-3): 1 July 2005	Sch. 6 (item 5)
Tax Laws Amendment (2006 Measures No. 3) Act 2006	80, 2006	30 June 2006	Schedule 10 (items 1, 2): 1 July 2005	--
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006	101, 2006	14 Sept 2006	Schedule 1 (items 1, 2), Schedule 2 (items 5-8) and Schedule 6 (items 1, 6-11): Royal Assent	Sch. 6 (items 1, 6-11)
Tax Laws Amendment (2007 Measures No. 4) Act 2007	143, 2007	24 Sept 2007	Schedule 7 (item 1): Royal Assent	--
Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007	154, 2007	24 Sept 2007	Schedule 1 (items 1-9, 296): Royal Assent Schedule 1 (item 245): 24 Sept 2008	Sch. 1 (item 296)
Tax Laws Amendment (2009 Measures No. 2) Act 2009	42, 2009	23 June 2009	Schedule 6 (items 1-32): Royal Assent Schedule 6 (items 35-57): [see Note 2]	Sch. 6 (item 32)
Tax Laws Amendment (2009 Measures No. 4) Act 2009	88, 2009	18 Sept 2009	Schedule 2 (item 1): 1 Oct 2009 Schedule 5 (items 283-287): Royal Assent	--

(a) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 1 (items 92-94) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(b) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 4 only of the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999, subsections 2(2) and (7) of which provide as follows:

(2) Part 1 of Schedule 1 to this Act commences immediately after the commencement of Part 1 of Schedule 1 (other than the items for which specific commencement has been provided) to the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999.

(7) Schedule 4 commences at the same time as the commencement of Part 1 of Schedule 1.

Part 1 of Schedule 1 commences immediately after 1 July 2000.

(c) The A New Tax System (Pay As You Go) Act 1999 was amended by Schedule 10 (item 19) only of the A New Tax System (Tax Administration) Act 1999, subsection 2(11) of which provides as follows:

(11) Subsection 2(1A) of the A New Tax System (Pay As You Go) Act 1999 (inserted by item 19 of Schedule 10 to this Act) commences, or is taken to have commenced, at the commencement of section 1 of that Act.

(d) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 9 only of the A New Tax System (Tax Administration) Act 1999, subsection 2(7) of which provides as follows:

(7) The following provisions commence on the day on which this Act receives the Royal Assent:

(a) section 1, this section and section 3;

(b) Part 2 of Schedule 5, and the amendments of the Taxation Administration Act 1953 made by Part 1 of that Schedule;

(d) Schedules 7, 8, 9 and 17;

(e) items 16 and 20 of Schedule 18.

(e) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 3 only of the Diesel and Alternative Fuels Grants Scheme (Administration and Compliance) Act 1999 subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act commence on the day after the day on which this Act receives the Royal Assent.

(f) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 2 (item 1) and Schedule 4C only of the A New Tax System (Tax Administration) Act (No. 2) 2000, subsections 3(1) and (5B) of which provide as follows:

(1) Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section 1‑1 of the A New Tax System (Goods and Services Tax) Act 1999.

(5B) Schedule 4C commences, or is taken to have commenced, on 1 July 2000.

Section 1‑1 of the A New Tax System (Goods and Services Tax) Act 1999 commenced on
1 July 2000.

(g) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 7 (items 1-3) and Schedule 11 (items 1, 2, 2A and 2B) only of the Indirect Tax Legislation Amendment Act 2000, subsections 3(1) and (5) of which provide as follows:

(1) Subject to this section, this Act commences immediately after the commencement of Part 1 of Schedule 1 to the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999.

(5) Items 1, 2 and 3 of Schedule 7 and items 1 and 2 of Schedule 11 commence immediately after the commencement of Schedule 4 to the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999.

Part 1 of Schedule 1 to the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 commenced on 1 July 2000.

Schedule 4 to the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 commenced on 1 July 2000.

(h) The A New Tax System (Australian Business Number) Act 1999 was amended by Schedule 3 (items 28-30) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected		How affected
Part 1
Division 2
Note to s. 3(3).......................	rs. No. 91, 2000
Division 3
Heading to s. 5......................	rs. No. 177, 1999; No. 92, 2000; No. 154, 2007
S. 5.......................................	am. No 177, 1999; No. 92, 2000; No. 154, 2007
S. 5A ....................................	ad. No. 168, 2001
Note to s. 5A.........................	am. No. 101, 2006
Part 2
Division 4
S. 8.......................................	am. No. 177, 1999; No. 55, 2001
S. 9.......................................	am. No. 42, 2009
S. 10.....................................	am. No. 179, 1999; No. 42, 2009
Note to s. 11(1).....................	ad. No. 42, 2009
Note to s. 11(3).....................	am. No. 42, 2009
Note to s. 12(1).....................	ad. No. 42, 2009
S. 13.....................................	am. No. 179, 1999
Note to s. 13(1).....................	rs. No. 42, 2009
Division 5
S. 14.....................................	am. No. 179, 1999; No. 42, 2009
Note to s. 14(2).....................	rep. No. 42, 2009
S. 15.....................................	rs. No. 42, 2009
Heading to s. 16....................	rs. No. 154, 2007
Subhead. to s. 16(3).............	rs. No. 154, 2007
S. 16.....................................	am. No. 179, 1999; No. 154, 2007
Division 6
Note to s. 17(1).....................	am. No. 42, 2009
S. 18.....................................	am. No. 42, 2009
Note to s. 18(1) Renumbered Note 1..........	No. 42, 2009
Note 2 to s. 18(1)..................	ad. No. 42, 2009
Note 1 to s. 18(2)..................	rs. No. 42, 2009
Note 2 to s. 18(2)..................	am. No. 42, 2009
Note to s. 18(5).....................	rep. No. 42, 2009
Notes 1, 2 to s. 18(5)............	ad. No. 42, 2009
Note to s. 19(2).....................	am. No. 42, 2009
Div. 7 of Part 2......................	rep. No. 42, 2009
S. 20.....................................	rep. No. 42, 2009
Division 8
Div. 8 of Part 2......................	rs. No. 42, 2009
S. 21.....................................	rs. No. 42, 2009
S. 22.....................................	rep. No. 42, 2009
Part 3
Division 10
S. 25.....................................	am. No. 42, 2009
Note to s. 25(2)..................... Renumbered Note 1 .........	ad. No. 179, 1999 No. 95, 2004
Note 1 to s. 25(2)..................	am. No. 88, 2009
Note 2 to s. 25(2)..................	ad. No. 95, 2004
S. 26.....................................	rs. No. 91, 2000
	am. No. 95, 2004; No. 154, 2007; No. 88, 2009
Note to s. 26(4).....................	ad. No. 42, 2009
S. 27.....................................	am. No. 91, 2000
Note to s. 27(7).....................	ad. No. 42, 2009
Div. 10A of Part 3................. ..........................................	ad. No. 91, 2000
	rep. No. 42, 2009
Ss. 27A, 27B........................	ad. No. 91, 2000
	rep. No. 42, 2009
Division 11
S. 29A...................................	ad. No. 42, 2009
S. 30.....................................	am. Nos. 146 and 201, 1999; No. 91, 2000; No. 54, 2003; No. 95, 2004
Part 4
Div. 14 of Part 4....................	rep. No. 101, 2006
S. 37.....................................	am. No. 92, 2000
	rep. No. 101, 2006
S. 38.....................................	am. Nos. 177 and 178, 1999; No. 92, 2000; No. 80, 2006
	rep. No. 101, 2006
S. 39.....................................	rep. No. 177, 1999
S. 40.....................................	rep No. 101, 2006
Division 15
S. 41.....................................	am. Nos. 146, 177, 178 and 179, 1999; Nos. 91 and 92, 2000; Nos. 55 and 168, 2001; No. 101, 2006; Nos. 143 and 154, 2007; Nos. 42 and 88, 2009

Note 2

Tax Laws Amendment (2009 Measures No. 2) Act 2009 (No. 42, 2009)

The following amendments commence on 23 June 2010 unless proclaimed earlier:

Schedule 6

35 Before subsection 3(1)

Insert:

Main object

36 Before subsection 3(3)

Insert:

Reducing registration and reporting requirements

37 At the end of section 3

Add:

Multi‑agency dealings

(4) The objects of this Act also include allowing the *Registrar to register and maintain details about representatives of *businesses that are registered under this Act, for the purpose of facilitating electronic dealings by those businesses with *government entities.

38 Section 9 (heading)

Repeal the heading, substitute:

9 Applying for an ABN

39 After section 9

Insert:

9A Applying for registration of representatives

(1) If *you are registered in the *Australian Business Register, or you are applying to be so registered, you may make an application to the *Registrar requesting the Registrar to register details about a nominated representative (who is an individual) for the purpose of facilitating your electronic dealings with *government entities.

(2) An application must be in the *approved form.

(3) That form may request, but not compel, the provision of:

(a) the *TFN of the representative; and

(b) the TFN of the individual (the nominating individual) who is to sign the declaration in the form.

Note: Including a TFN in an application will not be an offence against subsection 8WB(1) of the Taxation Administration Act 1953 (see paragraph 8WB(1A)(a) of that Act).

40 After section 10

Insert:

10A Registrar must register your representative if conditions met

(1) The *Registrar must register *your representative in the *Australian Business Register if:

(a) an application has been made under section 9A; and

(b) the Registrar is satisfied that the identity of the nominating individual (see paragraph 9A(3)(b)) has been established; and

(c) if the representative is to be authorised to nominate other representatives of yours--the Registrar is satisfied that the identity of the representative has been established; and

(d) the representative's details are not already registered in the *Australian Business Register in relation to you.

(2) If *your proposed representative is to be authorised to nominate other representatives of yours, the *Registrar may request you or your proposed representative to give the Registrar specified information or a specified document the Registrar needs to be satisfied that the identity of the proposed representative is established.

41 Subsection 11(1)

After " *you", insert "(for an application under section 9)".

42 After section 11

Insert:

11A Steps taken by Registrar to register your representative

The *Registrar registers *your representative (for an application under section 9A) by entering in the *Australian Business Register in relation to you:

(a) the name of the representative; and

(b) the representative's email address; and

43 Subsection 13(1)

After "for registration", insert "under section 9 or your application for registration of your representative under section 9A".

44 Subsection 13(1) (note)

After "register you", insert "or your representative".

45 Subsection 13(2)

After "for registration", insert "under section 9, or your application for registration of your representative under section 9A,".

46 Subsection 13(4)

Repeal the subsection, substitute:

(4) For the purposes of measuring the 28 days mentioned in subsection (2) for *your application under section 9, disregard each period (if any):

(a) starting on the day when the *Registrar requests you under subsection 10(2) to give the Registrar specified information or a specified document; and

(b) ending at the end of the day you give the Registrar the specified information or document.

(5) For the purposes of measuring the 28 days mentioned in subsection (2) for *your application under section 9A, disregard each period (if any):

(a) starting on the day when the *Registrar requests you, or your proposed representative, under subsection 10A(2) to give the Registrar specified information or a specified document; and

(b) ending at the end of the day you give the Registrar the specified information or document.

47 Subsection 15(1) (at the end of the table)

Add:

Either:

(a) *your representative (if any) registered in the *Australian Business Register in relation to you; or

(b) you

information relevant to:

(a) confirming the representative's identity; or

(b) the details entered in relation to the representative in the Register

48 After subsection 18(1)

Insert:

(1A) The *Registrar may cancel the registration of *your representative in the *Australian Business Register if satisfied that:

(a) your registration is cancelled under subsection (1); or

(b) the representative no longer represents you; or

(d) the representative's identity is no longer satisfactorily established.

Note: A decision to cancel the registration of your representative is a reviewable ABN decision.

49 Subsection 18(4)

Repeal the subsection, substitute:

At your request

(4) The *Registrar may:

(a) cancel *your registration if you apply to the Registrar for cancellation of the registration in the *approved form; or

(b) cancel the registration of your representative, if you apply to the Registrar for cancellation of the registration in the approved form.

Note: A decision to refuse to cancel your registration or that of your representative is a reviewable ABN decision.

50 Subsection 19(1)

After " *your registration", insert ", or the registration of your representative,".

51 Subsection 21(2)

Repeal the subsection, substitute:

(2) Each of the following decisions is a reviewable ABN decision:

Reviewable ABN decisions
Item	Decision	Provision under which decision is made
1	Setting the date of effect of *your registration	subsection 11(1)
2	Refusing to register *you or your representative	section 13
51 valign=top style='width:38.5pt;border:none;border-bottom:solid windowtext 1.0pt; padding:0cm 5.35pt 0cm 5.35pt'> 3	Cancelling *your registration	subsection 18(1)
4	Cancelling the registration of *your representative	subsection 18(1A)
5	Refusing to cancel *your registration or that of your representative	subsection 18(4)
6	Setting the date of effect of a cancellation	subsection 18(2) or (5)
7	Refusing an application not to disclose details	subsection 26(4) or 27(7)

52 Division 9 (heading)

Repeal the heading, substitute:

Division 9--Offences

53 Section 23 (heading)

Repeal the heading, substitute:

23 Identification offences

54 At the end of section 23

Add:

(3) *You commit an offence if:

(a) you purport to identify yourself as being registered under this Act as the representative of an *entity; and

(b) you are not the registered representative of the entity.

Penalty: Imprisonment for 2 years.

55 At the end of section 25 (before the notes)

Add:

(3) Under section 11A, the *Registrar enters in the *Australian Business Register in relation to each representative registered in the Register:

(a) the representative's name; and

(b) the representative's email address; and

(4) The *Registrar must also enter in the *Australian Business Register in relation to a representative the details prescribed in the regulations.

56 Subsection 29A(1)

Repeal the subsection, substitute:

(1) This section applies if the *Registrar is satisfied that:

(a) details entered in relation to an *entity in the *Australian Business Register; or

(b) details entered in relation to an entity's representative in that Register;

are incorrect and the Registrar has access to details that the Registrar believes to be the correct ones.

57 At the end of subsection 30(3)

Add:

; (e) the entrusted person is the Registrar and the disclosure:

(i) is of information relating to an individual who is, or who has been, registered as an *entity's representative in the *Australian Business Register; and

(ii) is for the purposes of facilitating the entity's electronic dealings with *government entities or for maintaining details in the Register.

Note: A disclosure under paragraph (3)(e) could, for example, be for the purpose of administering or cancelling the representative's registration.

As at 1 October 2009 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

A New Tax System (Tax Administration) Act (No. 2) 2000 (No. 91, 2000)

Schedule 4C

9 Regulations

Regulations made for the purposes of subsection 26(1) of the A New Tax System (Australian Business Number) Act 1999 and in force immediately before the commencement of this Schedule continue in force as if they had been made for the purposes of that subsection as amended by item 2. This does not prevent amendment or repeal of the regulations.

Taxation Laws Amendment Act (No. 5) 2001 (No. 168, 2001)

Schedule 1

3 Application

The amendments of the A New Tax System (Australian Business Number) Act 1999 made by this Schedule apply to activities done by a religious practitioner on or after 1 July 2000.

Tax Laws Amendment (2004 Measures No. 1) Act 2004 (No. 95, 2004)

Schedule 6

5 Application of amendments

The amendments of the A New Tax System (Australian Business Number) Act 1999 made by this Schedule apply in relation to disclosures made on or after 15 October 2001.

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006
(No. 101, 2006)

Schedule 6

1 Application of Schedule 1 and 2 amendments

Except as mentioned in items 2 and 3, the repeals and amendments made by Schedules 1 and 2 apply:

(a) so far as they affect assessments--to assessments for the 2006‑07 income year and all later income years; and

(b) otherwise--to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.

6 Object

The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:

(a) any act done or omitted to be done; or

(b) any state of affairs existing; or

before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.

7 Making and amending assessments, and doing other things, in relation to past matters

Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):

(a) making or amending an assessment (including under a provision that is itself repealed or amended);

(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998‑99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.

Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998‑99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.

The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998‑99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.

Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.

Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.

Example 2: During the 1997‑98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.

Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.

Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.

8 Saving of provisions about effect of assessments

If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty

If:

(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:

(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or

(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and

(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;

then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.

10 Repeals disregarded for the purposes of dependent provisions

If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.

11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901

This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.

Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007 (No. 154, 2007)

Schedule 1

296 Regulations may prescribe matters

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) in relation to the amendments or repeals made by this Schedule.

Tax Laws Amendment (2009 Measures No. 2) Act 2009 (No. 42, 2009)

Schedule 6

32 Application

(1) The amendments made by items 1, 2, 3, 4, 23 and 28 of this Schedule apply in relation to applications made under section 9 of the A New Tax System (Australian Business Number) Act 1999 after the commencement of those items.

(2) The amendments made by items 9 and 10 of this Schedule apply in relation to changes in circumstances, for the purposes of paragraph 14(1)(c) of that Act, happening after the commencement of those items.

(3) The amendment made by item 11 of this Schedule applies in relation to requests given under subsection 15(1) of that Act after the commencement of that item.

(4) The amendment made by item 17 of this Schedule applies in relation to applications made under subsection 18(4) of that Act after the commencement of that item.

Commonwealth Consolidated Acts

A NEW TAX SYSTEM (AUSTRALIAN BUSINESS NUMBER) ACT 1999 - NOTES